LAWS(SC)-1976-4-37

ADDITIONAL DISTRICT MAGISTRATE JABALPUR STATE OF UTTAR PRADESH UNION OF INDIA STATE OF KARNATAKA STATE OF MAHARASHTRA STATE OF RAJASTHAN UNION OF INDIA UNION OF INDIA Vs. SHIVAKANT SHUKLA:V K S CHAUDHARY:ATAL BIHARI VAJPAYEE:SATYA SHARMA:N K GANPAIAH:SUBHAS:MILAP CHAND KANUNGO:SHRI RAM DHAN:DR REKHA AWASTHI

Decided On April 28, 1976
ADDITIONAL DISTRICT MAGISTRATE,JABALPUR Appellant
V/S
SHIVAKANT SHUKLA Respondents

JUDGEMENT

(1.) These appeals are by certificates in some cases and by leave in other cases. The State is the appellant. The respondents were petitioners in the High courts.

(2.) The respondents filed applications in different High courts for the issue of writ of habeas corpus. They challenged in some cases the validity of the Thirty-eighth and the Thirty-ninth Constitution Amendment Acts, the proclamation of emergency by the President under Article 352 of the Constitution made on 25/06/1975. They challenged the legality and validity of the orders of their detention in all the cases.

(3.) The State raised a preliminary objection that the Presidential Order dated 27/06/1975 made under Article 359 of the Constitution suspending the detenus' right to enforce any of the rights conferred by Articles 14, 21 and 22 of the Constitution and the continuance of emergency during which by virtue of Article 358 all rights conferred by Article 19 stand suspended are a bar at the threshold for the respondents to invoke the jurisdiction of the High court under Article 220 of the Constitution and to ast for writs of habeas corpus.